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• <br />s <br />vegetation with an equivalent number and quality of salt -tolerant native vegetation that <br />is appropriate for the location, provided any such activity does not occur seaward of the <br />existing Bulkhead during the marine turtle nesting season (March 1 through October <br />31). <br />18. While this agreement remains in effect, the Summerplace Petitioners may place <br />a temporary wooden cap on their Bulkhead. The Summerplace Petitioners will forego <br />making any modifications to their Bulkhead that are not expressly allowed in this <br />agreement, except that the Summerplace Petitioners may remove their Bulkhead at any <br />time so long as they do not cause a "take" of marine turtles in the process and no <br />construction activity or heavy equipment usage occurs seaward of the existing <br />Bulkhead during the marine turtle nesting season (March 1 through October 31). <br />19. While this agreement remains pending, CCC will forgo taking any step to <br />commence any form of litigation against any of the other parties to this agreement <br />regarding matters that would be mitigated for by the proposed HCP, and will abate the <br />CCC lawsuit pending the completion of the HCP and issuance of the above-described <br />section 10 permit. Upon the completion of the HCP and issuance of the section 10 <br />permit, CCC will dismiss the CCC lawsuit. <br />20. If the USFWS issues the -above-described section 10 permit to the County and <br />CCC challenges that section 10 permit, then the Department will not issue <br />permit numbers IR -511 M1 ATF and IR -512 ATF until that lawsuit or proceeding is <br />resolved. If CCC prevails in such lawsuit or proceeding, then the Department will not <br />issue permit numbers IR -511 M1 ATF and IR -512 ATF. If CCC does not prevail in <br />such lawsuit or proceeding, then the Department will issue permit numbers IR -511 M1 <br />9 <br />